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Looking for advise on how to collect a debt, that is greater…

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Looking for advise on how to collect a debt, that is greater than the judgement grant to a property manager in va

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Again in va

Lawyer's Assistant: Has anything been filed or reported?

Yes did you judgement was granted but more is owed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dont think so

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Answered in 1 minute by:
3/14/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
I a looking on how to collect much more than my property manager recd in the judgement ?
Customer reply replied 4 months ago
I have possition of property on fired manager

Ok, so you may have to provide a little background for me to assist you properly. Can you briefly walk me through what happened?

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Customer reply replied 4 months ago
dont text me use email, if you perfer ***@******.***

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request.

Could you help me understand a bit more about your situation?

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Customer reply replied 4 months ago
ok the tenant is out, the property manager is fired. Judgement in King William county in va was grant in jan 2018. for 950 plus about 6000 more on back rents bad check. I have rented property myself on and off for 30 years, laws do change I am not up to date on them, was trying to be retired

I see. Ok, so your concern is how do you go about collecting, your judgment, is that correct?

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Customer reply replied 4 months ago
correction only 950 plus 250 was granted they still owe 6000 est
Customer reply replied 4 months ago
no on have to legally claim the rest oued
Customer reply replied 4 months ago
do a debt in court

I see. So, if you feel like there is additional money that is owed, then you're going to have to go back to court to make a claim on the rest of the money. The only problem is that once you get a judgment, the rules of collateral estoppel and res judicata take place. Collateral estoppel is what's called "issue preclusion," (the facts or law of the case have been determined already ) meaning that the issues you sued on cannot be relitigated. Res judicata is claim preclusion, meaning that your claims (e.g. breach of contract).

You could always still go forward; however, it's critical to keep in mind that it may be barred if you need to go back to court.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
question Should the property manger asked for the entire amount on my pay or quit notice or only 1 month rest is the law
Customer reply replied 4 months ago
correction rent no rest on last message

I understand. So, it depends on what was in your rental agreement. In some rental agreements, the tenant is responsible for all of the rent for the remainder of the lease until the landlord finds a new tenant. In most rental agreements, if the landlord evicts, the tenant only owes for the past due rent and the remaining rent obligation is discharged. In your case, it seems like the property manager should have asked for just the past due money.

How else can I help you today?

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Customer reply replied 4 months ago
I thought so, my lease (bought at office maxx does show that.Thank you for the education, will call you before I rerent it again. Can I sue the property manager for that.

Yes, I think you could sue the property manager for that.

This appears to be a classic breach of contract if they did not ask for the rent that they were supposed to ask for. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
no and thanks so much, when I come back to this site how do I ask you you

The pleasure is all mine! I'll address that more below.

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Legal Eagle
Legal Eagle, Lawyer
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